Andhra Pradesh High Court - Amravati
Nama Minni Sathya Bharathi vs The Union Of India on 10 January, 2024
Author: Ninala Jayasurya
Bench: Ninala Jayasurya
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (SPECIAL ORIGINAL JURISDICTION) WEDNESDAY, THE TENTH DAY OF JANUARY, TWO THOUSAND AND TWENTY FOUR :PRESENT: F THE HONOURABLE SRI JUSTICE NINALA JAYASUR WRIT PETITION Nos. 21064 and 21066 of 2023 . WP.No.21064 GF 3023- Sefveen: Nama Minni Sathya Bharathi, Wio. Late David Samuel, Aged about 63 Years, Rio. H. No, 1-1-28/7, Ward No. =, Bapatla Town and Cistrict, ; ..Patitioner AND 1. The Union of india, Represented by Joint Secretary, Ministry of Railways, New Delhi, 2. The State of Andhra Pradesh, Rep. by Hs Mrincipal Secretary, Municipal Administration Department, Secretariat Budding, Velagapud!, Guntur Distrio£ . The Divisional Railway Manager (ORM), Work Branch, Vileyawada, The South Central Rahway, Rep. by its Estate Officer, Addifiona! Oivisional Railway Manager, Vilayawada. The Senior Divisional Engineer (Central, South Centra! Railway, Vilayawada. &. The Senior Section Engineer (SSE), Bapatia Railway Station, Banatia Town and District The Bapatla Murtnipally, Rep, by its Commissioner, Bapatia Town and District, Bo fed sag Respondents Petition under Article 226 of the Constitution of india is Aled Braying that int the Cyrcurnstances Stated in the atiidavit filed therewith, the High Court may be pleased to iSSUG a Writ or direction or order Mare particularly one in the Ralure of Writ of Mandamus declaring the Proceadings issued by the 4th respondent Vise Form & Notice No. BAN STAY BPPA and DL 07-08-2023, without Furnishing the Survey report, considering Petitioner's ohentions and without having any night fo interfere in fhe boundaries disputes and directing ihe pelitioner io evict summanly as Hegel, greguiar, rrational, arbifrary and in Vidlative of Articles 14,79, 24 and 300.4 of constitution of india and comrary fo the ratio laid down by this Hon'ble Coun in, Podduturi Vasantha Reddy Vs Esiste Officer, Airports Authority of india, reported in (AIR 2610 AP 45) Sonsaquenty direct the respondents to approach Competent civil court fer adjudicating the Ute Gispule in regard to ihe petitioner's residential building Situated in Sy No. SSM/8, fo an extent of 27.02 Sam, Bapatia Town and Distrios, (A NO: 1 OF 2028 Petition under Section 151 CPC is fled pray! ing thatin the circ SUMSLANCES stated in the alli davit fied in supgert af the WRIT pelition, the H yy Court may be pleased fo direct 'the respondents not to lake any coe archive steps if reapect of the residential building awned by the petitioner situated | in Sy. No. 33/5, fo an extent of 27.02 Sam. Rapala Town and District, pending dispasal of WP No, 21664 of 2023, on the fe of the High Gaur. The petition caming on for hs garing, upon perusing the Petilion and the affidavit fled in support thereo! ANG | the Orders of the High Court dt 9 18 3023, 06.09.2023, 08.10.2089, 02 17.2028, 23.49.2023, 14.12.2023 & 29.42.9023 and upen hearing the arguments of Sri Saranu Phani Tela, Advocate for the Petitioner and a Si Deputy solicitor General of India for Respondent Nos.1,3,4,8 and & aM. Manni 1ar Reddy. § Standing Respondent No.7, GP for Municlpe pal (Adm ristration Department for Respondent Nog. ey fos 5 wot a & wet os ie WP No. 21066 OF 2023: Between: Gaddam Radhakrishna, S'o. Gaddam Tataran, Aged about 44 years, fio.13-4-88, Market Bazar, 19th Ward, Bapatia, Guntur, Andhra Pradesh- 822101 Petitioner AND 4 The Union of india, Represented by Joint Secretary, Ministry of Raliways, New Delhi. 3 The State of Andhra Pradesh, Rep. by iis Principal Secretary, Municipal Administration Department, Secrelariat Buliding, Velagapucl, Guntur mistrial. 3. The Divisional Railway Manager (ORM), Work Branch, Vilayawada. 4 The South Central Railway, Rep. by tts Esiate Officer, Additional Ovisional Raflway Manager, Vila yawada, & The Senior Divisional Engineer (Central), South Central Railway, Vilayawada. & The Senior Section Engineer (SSE), Bapaila Railway ¢ tation, Bapatia Town and District. 7. The Bapatia Municipality, Rep. by its Camm! igsioney, Bapatia Town and District. Raspondants Setiion under Anicle 228 of the Constitution of india is Med praying that in the circumstances stated in the effciavil Hed therewh ht the High Cour may be pleased fo issue a Wei of direction or o rder more particularly one in t nature of Writ of Mandamus the proceedings issued by the 4th Respondent Vide Farm -B Notice No. BAN edi AIBPPA, Land, DL OF-D8-2025, without furnishing the Survey report, considering Pelifioner's objections ard without having any right to interfere in the boundaries disputes and directing the petitioner to evict summarily as Hlegal, irregular, irrational, arbitrary and in Vidlative of Articles 1.4, 19, 27 and 300-4 of constifution of india and contrary fo the ratio laid down by this Hon'ble Court in. Podduturi Vasantha Reddy Vs. Estate Officer, Airports Authority of india. reported in AIR 2016 AP 45}, set aside ins same, consequently direct the Respondents to approach competent evil court for adiudicaling the fife dispute in regard te the Petitioner's residential building situated in oy. No. 5432/4 bearing D. No. 1-2.183, Bapatia Fawn and District. ' IANO: 1 OF 2028 Petition under Section 151 CPC is Hed praying that in the circumstances Staled in the affidavit fled in support of the WRIT petition, the High Court may be leased fo Suspend the operation of Form -- 8 Notice No. BW.274H/BPP/Land, Dt 07-08-2023. issued by the 4 Respondent herein, under Section 5(2} Public Premises of Unauthorized Sccupanis Amencdrieant Act, 1980. directing me to vacate from the subject property by 21-08-2023. pending disposal of W.LP.No.2 1086 of 20123. on the Me of the High Court, IA NO: 2 OF 2093 Petition under Section 151 CPC is filed praying that in the circumstances Stated in the affidavit fled in Support of the WRIT petition, the High Court may be pleased fo direct the Respondents not to take any coercive steps in respect of the residential building owned by the Petiioner situated In in Sy, No. 5843/9 bearing DL No. t-2-183, Bapatla Town and Cisirict, pending disposal of WP No. 21068 of 2023, an the Mle of the High Court, The petition coming on for nearing, upon perusing the Petition and the afidavit fled in Support thereof and the Orders of the High Court oh2S.O5. 2083, 05.08.2023, 05.10.2023, 02.4 Ve023, 23.14.2023, 14.19.2093 & 20.12.8083 9 and UPON Hearing the arguments of Ms. Aishwarya Negule Advocate for the Petitioner, Deputy Salicitar General of india, for respondent Nos.1, 3, 4. 8 & 8, Government Pleader for Murlcinal Administration Department, for respondent No.2. Sri M Manohar Reddy, learned Standing Counsel for Municipality, for rescondent No.7, the Court made the following ORDER:
Due to paucity of time, these matters could not be taken up for consiteration.
List on 29.04 goe4. As the interim orders granted earlier and extended from time fo tim in these matters are expiring by today, if Is deemed appropriate to exten the same. Accordingly the interim orders granted sarller shall stand extended for a further period of four (04) weeks.. Ww do iTRUE COPY! TO, One CC to SRESARANL PHAN] TEJA Advocate [PUC} One CO to Me AISHWARYA NAGUL A, Advonate fOPUC) One OC to Denuly Solicitor General of India [ORUC] One CC to SRILM. MANOHAR REDDY, Standing Counsel {OPUC] . Two CUs to GP for Municipal Administration & Urban Developmen, High Court of Andhra Pradesh [OUT] Two CCs to GP FOR ENDOWMENTS, High Court of A.R[OUT) One spare copy.
oR ON yo a HIGH COURT NUS, J DATED TOO 20e4 NOTE: LIST ON 29.01 2024 ORDER WRIT PETITION Nos, 27064 and 21086 of 2024 RO ase AES REIN SST SS NS SPA BL SYS SOS SENS S AR 8 Shy oe : gress . oe INTERIM ORDER EXTENDED ey Fh se *8 x. = ¥ SAN :
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